The Common Law in India - College of Social Sciences and ...

The Indian Constitution 213to protect friendly relations with foreign states findsa parallel in English common law which providesthat a person who publishes any libel or words whichwill expose to hatred or contempt any foreign princeor other persons with intent to disturb peace andfriendly relations between the United Kingdom andthe country to which any such prince or other personsbelong would be guilty of misdemeanour.Another freedom is the citizen's right to assemblepeaceably and without arms. Reasonable restrictionson this right may be imposed in the interests ofpublic order. Here again we have a provision notsubstantially different from the right of public meetingin English law. " Any persons may meet together,so long as they do not thereby trespass uponprivate rights of property, or commit a nuisance,or infringe the law relating to public meetings orunlawful assemblies." 65 In England certain assemblieswhich may not be unlawful according to thecommon law may be regulated by the authoritiesunder statutes. 66 Though the Public Order Act, 1936,altogether prohibits the carrying of unauthorisedweapons at public meetings, the carrying of arms inan assembly, it would appear, does not make anassembly unlawful under the common law. In India,however, the bar to carrying arms to an assemblyis absolute.The right to form associations or unions is in India« 5 Halsbury's Laws of England, Vol. 7, p. 198, para. 418.66e.g., Tumultuous Petitioning Act, 1662; Riot Act, 1714; SeditiousMeetings Act, 1817; Unlawful Drilling Act, 1819;Metropolitan Police Act, 1839; Public Meetings Act, 1908;Public Order Act, 1936.